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Corporate Governance

(author unknown) — Tue, 10 Nov 2009 07:17:33 PST

Law School Special Events and Presentations - Corporate Governance

A knock at the Door

(author unknown) — Tue, 10 Nov 2009 07:15:17 PST

Law School Faculty Voices - A Knock at the Door

shows #100 and 101 — William Patry and Larry Downes — posted

dave — Sun, 08 Nov 2009 20:09:35 PST

I am thrilled to post shows #100 and 101! After over three years of shows, a few thank yous are appropriate. While I get into an Oscar-type thank you speech on show #100, I thank my friends at KZSU-FM (especially Mark Lawrence and Kathryn Todd, as well as numerous DJs) and Stanford Law School (especially former Center for Internet and Society colleagues Lauren Gelman, Jennifer Granick and Larry Lessig, as well as Mark Lemley and Joe Neto) for their early, continuing and ongoing support! Of course, the show would not be what it is without great guests, and I thank all 101! Lastly, thanks much to my wonderful wife Heidi, who has been my staunchest supporter and friend, and without whom I would be far the poorer.

Show #100, October 28 is my interview with William Patry, Esq., Senior Copyright Counsel at Google, author of Moral Panics and the Copyright Wars. Bill has written a thorough and descriptive overview of the state of the battle over the contours of copyright. In the interview, we discuss his personal interactions with Jack Valenti, as well as his critique of the nature of language in the efforts to frame the issues from all sides. While we do not discuss the status of the book search settlement negotiations, we cover plenty of fertile ground and I greatly enjoyed his insights and our discussion (hopefully Bill will come back on after the settlement is complete!)

Show #101, November 4 is my interview with repeat guest Larry Downes, author of The Laws of Disruption. Larry’s book, written for a broad audience, shows how technology has outpaced law in a variety of areas. We discuss a wide range of topics in furtherance of understanding how we might react to various changes in technology and society. Larry’s book is eminently readable and I greatly enjoyed the show and discussion!

Attorneys Tap Paralegal Talent for Jury Selection

(author unknown) — Thu, 05 Nov 2009 13:06:04 PST

Paralegals are an important part of the trial team, and play a valuable role in jury selection. On this edition of The Paralegal Voice, co-hosts Lynne DeVenny and Vicki Voisin welcome one of America’s most influential trial consultants, Dr. David Ball, to explore the many ways that paralegals can assist in jury selection and why attorneys should maximize paralegal support at trial. Dr. Ball explains why paralegals may be under-utilized and why they are ideally suited to help their attorneys during this critical phase of trial work.

The Fourth Amendment and Email

(author unknown) — Thu, 05 Nov 2009 09:52:58 PST

The Fourth Amendment of the Constitution gives us protection against unreasonable searches and seizures. But what about a search of your email - is it afforded the same protection? Co-hosts and attorneys J. Craig Williams and Bob Ambrogi welcome Orin S. Kerr , Professor of Law at the George Washington University Law School and Jason Paroff Esq. , Director of Computer Forensics Operations with the ESI Consulting practice at Kroll Ontrack to look at the recent opinion handed down by U.S. District Judge Mosman with respect to the Fourth Amendment and email along with our experts' look at what can be retrieved and used in court when it comes to email.

Proportional E-Discovery with Hon. James Rosenbaum and Jonathan Redgrave

kas@jurInnov.com — Wed, 04 Nov 2009 10:02:41 PST

Listen to the Hon. James Rosenbaum and Jonathan Redgrave from Nixon Peabody talk about how proportionality is affecting the field of E-Discovery. More information to follow on this show which should be a very interesting episode given Jonathan's depth of experience in the field and Judge Rosenbaum's perspective from the bench.

Data Mismanagement in E-Discovery by Quin Gregor

kas@jurInnov.com — Wed, 04 Nov 2009 07:01:29 PST

Listen to E-Discovery pioneer and data recovery expert Quin Gregor talk about some of the biggest risks in data mismanagement and what to do when you have ESI which "might" be inaccessible. We will discuss back up tapes, flaws in how we store data today, how to evaluate what to store, critical issues in storage retrieval, when you know you have a data storage mess on your hands, what to do about obsolete data, when data is inaccessible, and we will touch on the implications of the cloud. This is a podcast sure to put some people to sleep and cause others tremendous nightmares.

TWiL 36: Mars Needs Lawyers

leo@leoville.com (Leo Laporte) — Tue, 03 Nov 2009 14:15:26 PST

Hosts: Denise Howell, Colette Vogele, Evan Brown, and Ernie Svenson

Facebook Spammers, Windows 7 Upgrade tricks, Net Neutrality, and more.

Talking points: http://delicious.com/thisweekinlaw/35

TWiL shownotes

TWiL on Friendfeed

For a free audiobook, visit AudiblePodcast.com/twil.

Special thanks to Nigel Clutterbuck for the TWiL theme music. Thanks to Cachefly for the bandwidth for this show.

Running time: 1:41:50

Challenges Facing a Medical Malpractice Plaintiff

(author unknown) — Tue, 03 Nov 2009 09:44:34 PST

It's no secret that today the medical malpractice area is one of the most difficult areas of litigation. Plaintiffs not only have to deal with the physical effects of medical malpractice but also the challenges that they face in the courts. On this edition of Ringler Radio, host Larry Cohen welcomes Attorney Barry J. Nace, senior partner at Paulson & Nace in Washington DC to look at the process for the medical malpractice plaintiff in the trial court and specifically deal with how the biases of some judges can affect the result.

Is Windows 7 Coming to Your Computer?

(author unknown) — Tue, 03 Nov 2009 09:02:22 PST

The recent release of Windows 7 hopefully ushers in a new era of peace and stability to the world of PC operating systems. But should lawyers rush out to upgrade now? In this new episode of the Kennedy-Mighell Report, co-hosts Dennis Kennedy and Tom Mighell discuss some of the new features in Windows 7, whether upgrading is the right move, and precautions to take before moving to the new operating system. After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.

Lawsuits Over Birth Control Pills Yaz and Yazmin

(author unknown) — Thu, 29 Oct 2009 14:13:07 PDT

Bayer HealthCare Pharmaceuticals is facing a growing number of lawsuits claiming that the company concealed the health risks associated with the top-selling birth control pills Yaz and Yasmin. Co-hosts and attorneys J. Craig Williams and Bob Ambrogi welcome Attorney Mike Danko from the Danko Law Firm and James T. O'Reilly, Professor of Law at University of Cincinnati College of Law, to a look at the basis for the litigation, the reported side affects, the FDA’s role, Bayer’s continued marketing campaign and the federal lawsuit against the makers of Yaz and Yasmin.

Raise Your Voice: Upgrading Your Blackberry Program

(author unknown) — Tue, 27 Oct 2009 12:26:44 PDT

On Law Technology Now, host Monica Bay welcomes Judi Flournoy, CIO of Loeb & Loeb, past president of ILTA, and a long-time member of the Law Technology News Editorial Advisory Board, to discuss how her firm upgraded its BlackBerry program. Monica and Judi will look at the new system, how it saves time and aggravation for users and administrators and dramatically cuts costs while increasing services.

Publishing in Landslide

(author unknown) — Tue, 27 Oct 2009 06:30:25 PDT

Student Voices - Publishing in Landslide - Suffolk’s IP Law Concentration has developed into one of the most comprehensive IP programs in the country, giving students the opportunity to take advanced courses in each branch of intellectual property law.

Employer Pandemic Preparedness for the Swine Flu -No Hogwash

Brian Dolan — Tue, 27 Oct 2009 08:40:46 PDT

The U.S. government, along with other world governments and health organizations, is closely monitoring H1N1 flu—also known as the swine flu—that was first identified this past spring. This summer, the World Health Organization raised its pandemic alert level to Phase 6, signaling that a global pandemic was under way and on October 24, 2009, President Obama declared a national emergency to deal with the “rapid increase in illness.”

In this podcast with Heather Hoyt, an attorney in the Berwyn office of Pepper Hamilton and a member of the firm’s Litigation and Dispute Resolution Department, she discusses what businesses should be doing to prepare for a pandemic, including appointing a pandemic coordinator who would be responsible for the company’s planning process.

If you are interested in the latest updates in the world of labor and employment, email podcasts@pepperlaw.com to subscribe to Pepper@Work. This is an electronic news alert that provides employers with advice on how recent labor judgments and opinions will affect their organization.

(Running Time: 7:49)

MP3 File

Heather Hoyt
Associate

TWiL 35: Don't Misunderestimate EFF

leo@leoville.com (Leo Laporte) — Mon, 26 Oct 2009 17:17:26 PDT

Hosts: Denise Howell, Colette Vogele, Evan Brown, and Cindy Cohn

Google Book Search, The Yes Men, FCC internet regulation, and more.

Talking points: http://delicious.com/thisweekinlaw/35

TWiL shownotes

TWiL on Friendfeed

For a free audiobook, visit AudiblePodcast.com/twil.

Special thanks to Nigel Clutterbuck for the TWiL theme music. Thanks to Cachefly for the bandwidth for this show.

Running time: 1:23:24

Shows #98 and 99 — Prof. Jacqui Lipton, Prof. Elizabeth Townsend-Gard and Justin Levy — posted and show #100 — William Patry, Esq. — coming!

dave — Fri, 23 Oct 2009 14:39:41 PDT

I am pleased to post two more new shows. The first is Show # 98, October 14, my interview with Prof. Jacqui Lipton of Case Western Reserve University School of Law. Jacqui is writing a book, Global Real Property: Internet Domain Names, Trademark and Free Speech, examining the intricacies of trademark domain name disputes. These disputes take a number of forms, and have a variety of permutations that require consideration. In the discussion, we dissect these different disputes and discuss how they can best be handled, while examining the role of domain names in the operations of the Internet. I hope that you enjoy the interview!

The second show, Show #99, October 21, is my interview with Prof. Elizabeth Townsend Gard and Justin Levy of Tulane University Law School, creators of the forthcoming Durationator. Anyone who is familiar with copyright law knows how difficult it can be to determine whether a work is copyright protected or not. The Durationator is designed to solve that problem by offering a tool that allows one to find out an answer to that basic, but extremely difficult, question for any work of authorship. In the interview, we discuss the genesis and purpose of the project, and the future of copyright on a going forward basis. The Durationator is an amazing achievement and I greatly enjoyed the interview!

A significant Hearsay Culture milestone is coming up: Show #100, to air October 28, with guest William Patry, Esq., Senior Copyright Counsel at Google, author of Moral Panics and the Copyright Wars. More to follow, but I’m very excited (and amazed) to have reached this mark and look forward to chatting with Bill!

E-Discovery of Databases - Plaintiff's and Defendant's Perspectives

kas@jurInnov.com — Fri, 23 Oct 2009 06:46:48 PDT

Listen to an all-star panel of lawyers and technologists moderated by Karl Schieneman, Director of Legal Analytics and Review with JurInnov. On this show we have: Today we have Karin Roberts from Hall Render a defense oriented law firm in Indianapolis, Indiana, Keith Altman from Finkelstein & Partners, a national plaintiff law firm based in Newburgh NY and Conrad Jacoby, a founder of efficientEDD and a former outside lawyer based in Washington, DC joining us on our show to talk about how to deal with database Electronically Stored Information in E-Discovery. This is an area with a good deal of complexity but database information can often reveal a substantial amount of information in a case. However, how to get at that information can be fairly complex. Now let me introduce the panelists: Karin Roberts has over 12 years of electronic discovery and litigation experience at law firms and in-house legal departments. She is currently a litigation support specialist at Hall Render Killian Heath and Lyman in Indianapolis, Indiana. Prior to joining Hall Render, Karin was the Corporate Electronic Discovery Coordinator for Eli Lilly & Co., developing records management and electronic discovery best practices as well as managing large scale electronic discovery projects. She is a frequent speaker and active in the litigation support industry through her memberships of The Sedona Conference Working Group on Electronic Document Retention and Production (WG1), International Legal Technology Association (ILTA), the Association of Litigation Support Professionals (ALSP), and Women in eDiscovery (WiE). Keith Altman is an attorney with Finkelstein & Partners Mass Tort Department and specializes in pharmaceutical litigation. After consulting on several major pharmaceutical litigations since 1996, Keith was admitted to the Bar of California in 2008. Keith is also an expert in electronic discovery and is the founder of the American Association of Justice Electronic Discovery Litigation Group. He is also a member of Working Group One of the Sedona Conference on electronic discovery and is a member of several drafting teams. Keith has lectured throughout the United States on electronic discovery issues. Keith has a B.S., Magna cum Laude in Astronomy/Physics from the State University of New York at Stony Brook. While there, he worked on several research projects as well as a lab conducting experiments in quantum electronics. Keith has done extensive software development for data analysis and litigation support tools. Conrad Jacoby, founder of efficientEDD, is an attorney and consultant whose practice focuses on technology and its intersection with the law. Over the course of his legal career, he has assisted pharmaceutical and semiconductor manufacturers, petroleum companies and engineers, and several pioneering internet-based companies in transactional, intellectual property, and litigation matters. He is active in the legal community, serving as Founding Chair of the E-Discovery Committee of the District of Columbia Bar Association Litigation Section, Chair of the DC Bar's Listserv and Electronic Communications Task Force, and as a member of the Defense Research Institute's Technology Committee. He has served on the editorial board of the Sedona Conference Working Group on Electronic Document Retention andProduction. Mr. Jacoby is a frequent speaker on e-discovery, litigation support, and information management topics. He lectures both in the United States and abroad on topics concerning information management and technology. His articles have appeared in numerous national publications, including Law Technology News, LJNÃ?Â¢Ã??Ã??s e-Discovery Law & Strategy, For the Defense, and online at law.com and llrx.com, where he contributes a monthly Ã?Â¢Ã??Ã??E-Discovery Update.Ã?Â¢Ã??Ã?? What is unique about this show is it can turn into a bit of a debate because we have both plaintiff and defense oriented experts on this show. From both perspectives we will try to cover when database information can be useful to a case, how to get at it, what the challenges seem to be, the process of preserving, collecting and reviewing database ESI, proportionality concerns, where to find good database E-discovery experts, and what developments we see in the database field related to electronic discovery. This should be a very interesting show.

Letter in support of FCC’s Open Internet Proceeding

dave — Fri, 23 Oct 2009 08:34:01 PDT

I signed on to a letter drafted by Profs. Adam Candeub and Brett Frischmann (Brett has been on the show in the past) in support of the FCC’s Notice of Proposed Rulemaking (”NPRM”) regarding protecting the Internet as a free and open network.

As the letter states:

We believe the NPRM is a laudatory next step. First, from a legal perspective, it is the appropriate regulatory mechanism to evaluate the central substantive and procedural issues regarding discrimination, network management, innovation dynamics, transparency, implementation mechanisms, and so forth.

Second, and more generally, it is an appropriate public forum to gather and evaluate competing claims and relevant evidence. The public debate on these issues often is poorly framed and polluted with broad hyperbolic claims lacking theoretical or empirical support. A notice and comment rule making process is a useful forum to sort fact from fiction. The FCC has already launched a website and blog to promote discussion and comment on these important issues. It has also initiated a series of public workshops on questions about broadband deployment. The FCC deserves credit for initiating such open and participatory processes, which this proceeding builds upon.

Third, sound regulatory policy in this area depends critically on expertise from different disciplines. There is a tendency in public debates about regulation to gravitate toward antitrust and regulatory economics, to the exclusion of other factors. There are strong reasons to resist that pull in this debate. The issues being debated are not only legal or economic or technical or social. In the Internet context, the interdependence of legal, economic, technical, and social factors has produced the powerful market and non-market benefits of open infrastructure.

I have significant concerns about the broad range of policy decisions being made regarding public infrastructure without full and real public participation. It is a topic about which I have written and continue to write. The transparency aspects of this proceeding are critical, as too many decisions in the areas of infrastructure and technology have been made without full public involvement; thus, the FCC deserves these accolades. Thanks to Adam and Brett for drafting the letter!

Electronic Search and Seizure, Fourth Amendment & Inadvertent Production

(author unknown) — Thu, 22 Oct 2009 12:50:47 PDT

In this edition of the ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack, welcomes Joe DeMarco, Partner with DeVore & DeMarco LLP and Jason Paroff, Senior Director of Computer Forensics Operations at Kroll Ontrack to discuss a recent case from the Ninth Circuit Court of Appeals, United States v. Comprehensive Drug Testing, Inc. Mr. Demarco and Mr. Paroff will take an in-depth look into the court’s analysis, including the potential impact on law enforcement agencies who conduct investigations where digital evidence is at issue. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Kelly Kubacki will take a look at the discovery order issued in United States v. Sensient Colors, Inc.

Inside Amended New York Labor Law: Section 195

(author unknown) — Thu, 22 Oct 2009 07:28:40 PDT

Effective October 26, 2009, amended New York Labor Law: Section 195 will require employers to provide written notification to their employees, at the time of hiring, of their rate of pay and obtain a written acknowledgment from each employee of the receipt of this written notice. Co-host, Attorney J. Craig Williams welcomes Attorney Charles H. Kaplan, Partner in the NY office of Sedgwick, Detert, Moran & Arnold LLP and Barbara S. Mehlsack, Esq., Partner in the New York firm of Gorlick Kravitz & Listhaus, P.C. to get two perspectives on amended New York Labor Law: Section 195, compliance and what this newly amended law means for New York employers as well as their employees.